Peculiarities of codification of Ukrainian legislation in the field of defense during the legal regime of martial law

The article examines the topical issues and peculiarities of codification of Ukrainian defense legislation which arose during the introduction of the legal regime of martial law throughout Ukraine in connection with the large-scale armed aggression of the Russian Federation against Ukraine. The author conducts a theoretical and legal study of the concept of “codification” as defined in the scientific works of leading scholars, and analyzes the rule-making activities of public authorities on codification of legislation in the field of defense. A general analysis of the existing system of codification acts of Ukraine, which includes 24 Codes of Ukraine (including 3 Codes adopted before Ukraine’s independence) is made. The author examines the peculiarities of codification of Ukrainian defense legislation during the martial law regime. The author emphasizes the need to improve the legal mechanism of legal regulation of defense issues. The author defines a special subject of legal regulation of legislation in the defense sector, which is based on more than 40 laws of Ukraine (including four codified acts - the Statutes of the Armed Forces of Ukraine). The author emphasizes the importance of revising the legal acts enshrined in the laws of Ukraine in the field of defense. The article also analyzes the novelties of Ukrainian legislation related to the Law of Ukraine “On Lawmaking Activity” adopted in 2023. Law of Ukraine “On Lawmaking” adopted in 2023. The author makes a theoretical and legal definition of the concept of “code” which has been enshrined in law. The author conducts a structural analysis of the main requirements to the structure of the code and its internal structure which this type of legal act must meet. The author emphasizes the importance of compliance with the procedure for drafting a code as a separate type of legal act established by law, and examines the issue of the need and mandatory nature of developing the concept of a draft code (as a primary law), which is a legal prerequisite for codification of legislation in a particular area. The article defines the special procedure for entry into force and enforcement (application) of certain legal provisions provided for by the Law of Ukraine “On Lawmaking” (one year after the date of termination (abolition) of martial law in Ukraine). Particular attention is paid to the study of the peculiarities of applying the special procedure for enactment (one year after the date of termination (lifting) of martial law in Ukraine) of a separate legal provision provided for in part two of Article 27 of the Law “On Lawmaking” in terms of the mandatory development of the concept of the draft code. The results of the study indicate that there are peculiarities of codification of Ukrainian defense legislation which arose during the introduction of the legal regime of martial law throughout Ukraine, which are due to the existence of special legal provisions and novelties in legislation. The conclusions emphasize the need to develop a common conceptual framework and apply an integrated approach to the codification of defense legislation, which will allow harmonizing and improving defense legislation with due regard for the relevant task set by the President of Ukraine for public authorities. It is emphasized that in the course of further work on codification of legislation in the field of defense, an important aspect will remain the development of a codified act in the field of defense in compliance with the requirements (novels) of the legislation on lawmaking, the full implementation of which will take place one year after the termination or abolition of the legal regime of martial law in Ukraine.